Dealing with creditors when you're judgment proof
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- čas přidán 1. 08. 2024
- If you have been sued and think that you are judgment proof- that there is nothing that the creditor can take or 'get' - what do you do? You have choices and they depend on where you live and your situation. This video goes over your options.
Stop please! You DON'T need an attorney if your claim is past your States legal statute of limitations! You send them a certified letter stating the fact and demand they cease and desist or you will file suit against them!
A very helpful and informative video. Thank you very much
My grandpa ❤️ , use to say you can't get blood out of a stone ,. 😘☮️
Or a Turnip! 🙂
What would Trump do?
@@clydeb7713 I would say declare bankruptcy since he did it 6 times. The rich do it right.
Thanks
Do you guys do in tx?
What happens if I live overseas? Should I let the creditors know that I live overseas? I also have no bank account, no access. Will they do a debt examination, because if they do I won't be able to go because I do not live in the states any more and I do not want a bench warrant.
Hi @Guy If you are paid by a company or organization that is located in the US then the creditor may attach earnings from them. Debtor examinations require personal service so if you cannot be personally served in the US then that examination cannot be held. Hope that helps!
Should I wait for the court date to make an offer to settle or do you advice that I try to settle before? ... thank you.
Hi Marco. You can make an offer to settle before the court date and if it is accepted then the entire matter can be withdrawn. It is totally your choice. Get everything in writing once there is an agreement.
I just got a letter saying that there's a judgement against me on an old credit card that's been passed the statue of limitation and it's off my credit report what should I do
HI @Myrna - you will need to seek legal assistance to address this. Do not delay! You will need to tell him/her : 1. Why did you not address this when you were originally served? Did you get service of the lawsuit when it was filed? If you say no- get the return of service to see what they say they did to serve you. 2. Was the judgment entered in a state where you are now or a different one? 3. How old is the debt - when did you make your last charge? Good luck!
Hope they're not scammers doing this
I am disabled and own nothing but my house which is mortgaged and a car that is 22 years old, I lost my ability to work and had to stop paying most of my creditors ( credit card accounts), I still have a couple of credit card accounts that I am paying on. I just had a judgement filed against me in ct today and am expecting more to follow (I am in Texas) I dont have the money to file bankruptcy. I own no assets. I live with a room mate and My mother and father in law are storing some items at my house, do I have to worry about their property being at my house? They have no problem signing papers to prove they are the owners of the items and not me, could that be an issue?
HI @Billy So long as ownership can be proven for the items there should not be any problem. If you have money to pay some of your accounts it would benefit you to take some of that money and get counsel from a bankruptcy attorney on all your rights and options. Or maybe have your parents pay you a storage fee to cover that cost. It could help eliminate endless worry.
I thank you for any and all advice, but I would respectfully disagree on the no reason to fight them over the judgement. When you have never heard of the company who is suing you and never made a contract or borrowed money from them, there is a massive reason to fight them and not allow a judgement. Junk debt buyers cannot prove they bought the debt, or rather i will say they will not prove they own the debt because they will not give the forward flow agreement. All ways fight them tooth and nail no matter what. Thank you for your videos and trying to help people from the scum of junk debt buyers.
Thanks for sharing your perspective!
I live in Florida and am Married. I (alone) have a judgement creditor after my assets. Since I am married and live in Florida and don't make much money I believe I am fairly protected against my judgement creditor. My wife has no assets on her own. I am worried that if I go through a debtors meeting and they judgement creditor freezes me bank account it would prevent from hiring an attorney to un-freeze the bank account because my money is tied up. How would I handle such a possibility? I can't legally hide money if I do the debtors meetings.
Hi @Doron Contact an attorney in your area- they can help you very easily. Very good question that comes up a lot. Contact a debtor's bankruptcy attorney.
I have a $5000 small claims judgement against me from an individual. I moved to another state the week after. How will they find me or make me pay.
Hi @313south There are various skip trace companies that can find you- everyone has a trail of information online. Google yourself or search through one of the 'find people' directories.
@@FinelyRevealed thanks
Have a trust own all of your stuff. Done.
Hi @Hillary thanks for the comment- will do some videos on this so people understand that there are different types of trusts and they do not all guarantee protection from creditors.
I live in Atlanta and receive a notice from the company in Florida about copyright infringement on a video sharing site they threatened to sue me in Illinois but that's where they company is at but I'm on Social security disability and living in public housing. What a my choices here. They claim I download the video from their website when I purchase the video 2012 and 2017 and I benefit from it and I'm trying to figure out where's the money that they claim I've benefited.
Please, please help me. I just tried to get into a new vehicle by trading my old one in and realized I had a lien on my car. I realized after some calls that it was a lawyers office who brought an old debt from an eviction dating 2011, ten years ago. It went from 7,000 to 20,000 because of the 18% interest over the years. I need help can they charge all this interest, I don’t ever remember being served. My boyfriend, niece and myself had an apt. My boyfriend and niece agreed to pay half but my niece stopping paying and left. My name was of course on the apt so they have went after me. As a full time student now and disabled vet that is more money than I have, what can I do? Please please help me out thank you kindly
All judgments eventually expire. Contact legal aid or check with an attorney in your state on their rules.
House I was renting got foreclosed. Then the commissioner of the court showed up at my house says he had possession of the house and wanted me to pay her. Covid it happened and no evection’s so I just been living in the house not paying rent. Can the court system sue me for all the rent -get the money from my bank account
HI @Scuba CHeck on your local rules. Either the amounts will be forgiven or will be paid - normally a court process is required before any removal or collection can be done and so you will have advance notice- depends on where you live.
Just stop paying. All done.
Where and how do you learn one’s rights and rules?
Watch this channel - if you list some topics we can put them on our list!
Republic finance sold my default judgment to central portfolio now there threatening me what to do
When I called legal aid they refused to help me and said there were no defenses, but they would help with a bankruptcy (they actually wouldn’t later, and bankruptcy isn’t right for my situation). I later went to a clinic they held (it wasn’t specifically for cc lawsuits). I spoke with two well intentioned attorneys who practice another kind of law and couldn’t offer much help. It was a total waste of time.
Litigation attorneys all wanted more than I was being sued for, if they even called back.
You can win. You have to be willing to put time into it. However, if you follow the steps correctly, it’s actually easy. Unlike what legal aid told me!
You want a jury trial, and you want to bury the collector in discovery request. They don’t have time for either. It’s blocks a judgement outside of court. They will either drop it or settle. That’s what worked for me. This isn’t legal advice.
Hi @Waktrax2 Thanks for sharing!
@@FinelyRevealed your welcome. I should also mention that I has a valid counter claim in that case, but legal aid wouldn’t listen, or help.
Can you please give me more specific details on the steps you took, thank you
Why would I have to do anything but answer if I get a judgment against me
I line in North Carolina only have income that comes from social security only assets are in my house which only amounts to 15000.00
You would answer the lawsuit and then after judgment North Carolina has a provision that you are to file a motion to designate and claim your exemptions after judgment is entered. Like we say- each place has its own rules.
Plaintiff won judgement for 2k plus 350 court cost. I own 2 cars that are upside down, can the plaintiff take the cars in Florida.
Assets that are 'upside down' usually means that there is more money owed on them and subject to a lien than the asset is worth. A creditor cannot take the collateral pledged to another creditor without paying off that other creditor and they would only do this (pay off the other one) if they then would get an asset that (1) is non exempt and (2) has value over and above what they are paying the other creditor.
Is there anyway to protect property after a judgment ?
Hi Mighty. Depending on where your real property is located as compared to the court where the judgment was entered the lien of the judgment may automatically attach. Each state's property rules are different. There are ways to protect it in advance but afterwards there may be limitations.
I'm being sued for a credit card debt, but I'm an unemployed college student living with a friend. I don't own a car or any assets whatsoever. How do I let the creditor know that its not worth going to court for because its a waste of everyones time?
Call the attorney who is on the paperwork before any judgment is entered and tell them. If you can scrape together any amount of money to offer it is better to try to do that and get a release and a dismissal as otherwise they may want to wait around to see when your financial situation gets better. If it is a large amount you may want to talk with a bankruptcy attorney.
I’ve been sued 17 straight years from a car crash my ex husband did to my car…he’s taken my state taxes 17 straight years…this is year 18!
Would judgement creditors take an 18 year old pick up, just to be mean? It is under the excemption amount of $4850? The only asset I have.
Hi @pillowbugg - they shouldn't do that for fear of penalties.
Considering Bankruptcy but not sure because I'm considered Judgement proof. Have an auto accident claim in collections. Regardless I still don't want a Judgement against me even if there's nothing to take from me. I still want to be protected from getting sued. Don't have any debts other than this isolated incident. I might have to talk to an attorney from public aid. I'm considered mentally disabled. I have concerns.
To truly check this out @country you should consult with counsel. Legal aid can assist in some situations. There are also pro bono (free) consultations that may be available in your area. Contact the bankruptcy court clerk and ask if there is an organized bankruptcy bar and if they can give you the name of the chairperson as a contact reach out and they can help find someone for you.
@@FinelyRevealed ok thank you. This helps.
I'm in south Dakota and on SSDI. I received a letter from sheriff saying they going to seize personal property or real property. The letter says they can collect 10% annually. Can they do this?
Interest rates are in the agreements we sign- where there is not an interest rate specified each state has an interest rate that can apply to a judgment.
I live in Texas. Homestead exemption
Hi @Paul Texas has some good protections for its citizens.
If you have no money, a lawyer won’t even talk to you!!!
Check Dave Ramsey podcasts as he has a good way to handle creditors.
I am tired of these debt collectors coming after my mom when she has no income at all the only income i have is social disability that is exemption income right because that's all the i get to live on plus my mom lives with me and she has insurance with HMH clinic
HI @Ronald the collectors can be tough to endure. You are correct that social security disability is exempt from creditors except the US gov't for taxes and some student loans.
I have 31 credit cards, about 130 grand in total credit (on all cards combined) and I live on a 960 SSDI check. I know they can't go after my SSDI check. Althow I do have money in the bank it's all in my dad's name and my name is NOT tied to it (I do online banking with it to pay bills like credit cards because between my dad and I it's mine BUT legally its not mine 😀) I do own my own home though! So IF I max out all my cards...what can happen to me? I'm serious about this.
Each state has different laws and remedies so seek legal counsel in your area for your individual question. Good luck @vacationboyvideos !
50 lawyers and 50 DIFFRENT OPINIONS WHY IS THAT?
Their experience / Facts presented are different each time
Don't live on credit and you will never be troubled by creditors.